Square D Company and Subsidiaries - Page 22




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               Petitioner relies on the same passages from the legislative            
          history previously quoted to argue that the regulation at issue             
          exceeds the Secretary’s authority.  First, with respect to the              
          example cited in the legislative history, petitioner argues that            
          the passage indicates that Congress authorized regulations to               
          cover only the situation set out in that example; i.e., where the           
          amount owed to the foreign person is neither U.S. source nor                
          effectively connected income.  According to petitioner, Congress            
          did not authorize regulations covering amounts owed that are U.S.           
          source income, as in the instant case.                                      
               Petitioner effectively reads “for example” as used in the              
          committee reports as denoting the exclusive scenario in which the           
          regulatory authority was intended to operate.  We think this is             
          at best a strained reading of “for example” and that the ordinary           
          usage of that phrase does not suggest exclusivity.  Regardless of           
          whether petitioner or respondent (with whom we happen to agree)             
          has the better interpretation of the passage, we conclude that              
          respondent’s construction, as embodied in the challenged                    
          regulation, is a permissible one.  Under the Chevron doctrine,              
          that settles the matter.  Respondent’s interpretation of the                
          regulatory authority granted in section 267(a)(3) is reasonable             
          in light of the legislative history and therefore is entitled to            

               8(...continued)                                                        
          payor and apply section 267(a)(2) where such payee has a U.S.               
          method of accounting for the item.                                          





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